370

LAWS OF MARYLAND.— 1798.

that the said books, writings or papers, contain material and
necessary evidence, and that such party cannot safely proceed
to the trial of his, her or their case, without the benefit of such
testimony.

CHAPTER 101.

AH ACT for amending, and reducing into system, the laws and regulations
concerning last wills and testaments, the duties of executors, administra-
tors and guardians, and the rights of orphans and other representatives
of deceased persons.
Supplements are, 1802, ch. 101 ; 1804, ch. 78; 1807, ch. 136; 1809, ch.
168; 1810, ch. 34; 1813, ch. 165; 1816, ch. 154, 203; 1817, ch. 178;
1818, ch. 204, 217; 1819, ch. 167; 1820, ch. 80, 174 ; 1821, ch. 156;
1823, ch. 131; 1824, ch. 202; 1825, ch. 119, 160; 1827, ch. 77, 210;
1829, ch. 216; 1830, ch. 99; 1831, ch. 305, 318; 1832, ch. 170; 1833,
ch. 15; 1834, ch. 73, 228; 1836, ch. 224, 269. (1834, ch. 291 ; 1836, ch.
192: neither of these laws are indexed in the acts of the year, nor in any of
the public indexes.)

Preamble.

WHEREAS the laws and regulations relative to the estates of
deceased persons, comprehending a great variety of subjects,
and interesting to citizens of every description, not only are
become complicated and difficult to be understood, but are
found by experience to be greatly inadequate to the purposes
for which they were framed ;

Every
former pro-
vision, &c.
repealed.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That every provision, rule or regulation, contained in any act
of assembly heretofore passed, or in any English statute intro-
duced, used or practised under, in this state, which is inconsis-
tent with, or repugnant to, any thing contained in this act, be
and it is hereby repealed and rendered utterly void and of no
effect.

Rules, &c.
to be the
law of the
land.

SEC. 3. And be it enacted, That the following rules, orders
and regulations, shall be taken, held and considered, in all
courts, tribunals and offices, and by all judges, justices and offi-
cers in this state, to be the law of the land.

CHAPTER I.

How wills
shall be
made, and
their effect.

SEC. 1. All lands, tenements and hereditaments, which
might pass by deed, or which would, in case of the proprietor's
dying intestate, descend to, or devolve on, his or her heirs or
other representatives, except estates tail, shall be subject to be
disposed of, transferred and passed, by his or her last will, testa-
ment or codicil, under the following restrictions.
SEO. 2. No will, testament or codicil, shall be effectual to
create any interest or perpetuity, or make any limitation, or
appoint any uses, not now permitted by the constitution or
laws of the state.
SEC. 3. No will, testament or codicil, shall be good and
effectual for any purpose whatever, unless the person making